Estate planning isn’t just paperwork—it’s protection for the people who depend on you most.

One of the questions I get asked most often is what really happens when you leave property to your children in your Will. While it might seem straightforward, the answer can get complicated depending on your specific family situation and how your documents are written. Here’s what you should know.

What If I Have More Children After Writing My Will?

This is a common concern for parents who create a Will early in life. In the Wills I draft, I always include language that accounts for future children, so you don’t have to constantly update your Will as your family grows. But if your current Will does not include this kind of language, the law usually steps in and treats your new child as an equal heir alongside the children you named. Even though the law can protect your child in most cases, the safest approach is to be proactive. Make sure your Will reflects the possibility of future children, so no one is left out unintentionally.

What If My Child Passes Away Before I Do?

This is another important detail that comes down to how your Will is worded. If your Will says, “to my surviving children,” then the inheritance your deceased child would have received is typically divided among your living children. But if you prefer that your child’s share go to their own children—your grandchildren—you’ll want your Will to clearly state that. In Texas, if your Will is silent on this, the anti-lapse law may step in to pass your deceased child’s share to their children. Still, the best way to make sure your intentions are followed is to write them clearly into your Will.

What Happens if a Minor Inherits?

If a child or grandchild under the age of 18 inherits property, there’s a major hurdle. Minors cannot legally own property or manage financial assets. That means even if the child has a living parent, the Court may have to appoint a guardian of the estate to manage those assets until the child comes of age. This process can add unnecessary expense, delay, and stress for your family. Instead, I recommend including a contingent Trust in your Will. That Trust holds the child’s inheritance until they reach an age you choose. This could be 18, 21, 25, or older, depending on what you feel is appropriate. The Trust makes sure the assets are responsibly managed and helps avoid Court involvement.

What If My Adult Child Struggles with Money Management?

You can still leave an inheritance to a financially irresponsible adult child, but the method matters. Rather than giving them a lump sum, you can place their inheritance in a Trust. This gives a trustee the ability to manage the funds and make distributions as needed. The Trust can be set up to distribute set amounts over time, or you can leave the timing completely up to the trustee. This ensures your child benefits from the inheritance while protecting the funds from being misused.

What If My Child Receives SSI or Medicaid?

If your adult child relies on government assistance like SSI or Medicaid, receiving an inheritance outright could disqualify them from those benefits. To avoid this, I recommend creating a Special Needs Trust. This specific type of Trust allows you to support your child financially while maintaining their eligibility for benefits. The Trust can pay for things like education, therapy, or other personal expenses, all without disrupting their public assistance.

Can I Disinherit a Child in Texas?

Yes, Texas law allows parents to disinherit a child. Unlike some other states, Texas does not have forced heirship laws. But if you want to disinherit a child, it’s important to be crystal clear about it in your Will. Simply leaving a child out may not be enough. You need to state your intentions explicitly. Also, if you want your estate to pass to someone else first, like your spouse, and only to your children if your spouse passes away before you, that needs to be spelled out in detail.

Why the Language in Your Will Matters

Leaving property to your children in your Will involves more than just naming names. The specific wording in your documents has a major impact on how your wishes are carried out. It can affect who gets what, when, and how, especially when it comes to blended families, young children, or loved ones with special circumstances.

I’m Jennifer Nichols with J Nichols Law, PLLC. I help families across Texas create estate plans that work the way they are supposed to. Whether you are planning for children, grandchildren, or a complex family situation, I’ll make sure your wishes are honored and your loved ones are protected. Contact us today to schedule a consultation.

If you’re ready to take the next step, reach out to me today. We’ll create a plan that gives you peace of mind and ensures your legacy is passed on exactly how you intend.